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C.C.S.M. c. P250
The Public Schools Act
| Table of Contents | Regulations |
| Sections: 1 - 41(5) | 41(6) - 170 | 171 - 270 | |
41(11.2) A report made under subsection (11) shall
(a) comply with the standards of the Canadian Institute of Chartered Accountants for an auditor's standard report; and
(b) include the auditor's opinion as to whether the financial statements present fairly the financial position of the school division as at the end of the preceding fiscal year and the results of its operations for the preceding fiscal year, in accordance with accepted accounting principles for school divisions.
Auditor's supplementary report
41(12) The auditor shall submit to the school board a supplementary report on his or her examination of the annual financial statements and the report shall contain any information required by the regulations.
41(12.1) For the purpose of subsection (12), the minister may make regulations respecting information to be contained in the auditor's supplementary report.
41(13) The auditor shall furnish one copy of each report to the minister.
Financial statement to minister
41(14) Not later than October 31 in each year, each school board shall furnish to the minister, in the form and manner that the minister requires, a duly audited financial statement showing the revenues, expenditures and other financial information relating to its school division or school district for the immediately preceding fiscal year, and the financial position of the school division or school district at the close of the immediately preceding fiscal year.
41(15) Repealed, S.M. 1996, c. 51, s. 6.
S.M. 1988-89, c. 13, s. 36; S.M. 1989-90, c. 49, s. 7; S.M. 1996, c. 51, s. 6; S.M. 1998, c. 35, s. 5; S.M. 2004, c. 9, s. 2; S.M. 2004, c. 24, s. 1; S.M. 2005, c. 27, s. 162; S.M. 2008, c. 25, s. 2; S.M. 2008, c. 29, s. 2.
Definition of "accumulated deficit"
41.1(1) In this section, "accumulated deficit" means the financial position of a school division or school district where the amount by which the total of all deficits for the year and preceding years exceeds the total of all surpluses for the year and preceding years.
Obligations where accumulated deficit
41.1(2) Where a financial statement furnished to the minister in accordance with subsection 41(14) discloses that the school division or school district has an accumulated deficit, the school board shall immediately
(a) inform the minister of the accumulated deficit and the reason the accumulated deficit was incurred by the school division or school district; and
(b) prepare a plan to eliminate the accumulated deficit and submit it to the minister for approval.
41.1(3) Where the minister is not satisfied with the school board's plan to eliminate the accumulated deficit, the minister may
(a) direct the school board to prepare a revised plan to eliminate the accumulated deficit within a period of time directed by the minister and submit it to the minister for approval; or
(b) require the school board to take such measures as the minister deems appropriate to eliminate the accumulated deficit.
42 The school board of every school district shall submit on request of the minister, in such form and manner as he may prescribe, a detailed estimate of its expenses for all purposes and revenues from all sources for the current year.
PUPIL FILES
42.1 Subject to the provisions of the Act and the regulations, every school board shall establish written procedures respecting the collection, storage, retrieval, and use of information respecting pupils.
42.2 In sections 42.3 to 42.6, 58.6 and 58.9, "pupil file" means a record or a collection of records respecting a pupil's attendance, academic achievement and other related matters in the possession or control of a school board.
42.3(1) On request, subject to subsections (2) and (3), a school board or a person acting on behalf of a school board shall
(a) provide a parent or, if a pupil has attained the age of majority, a pupil access to the pupil's pupil file; and
(b) ensure that an employee who is competent to interpret the information contained in the pupil file is available to assist the parent or the pupil.
42.3(2) A school board may refuse to provide access to all or part of a pupil file where disclosure could reasonably be expected to
(a) constitute an unreasonable invasion of the privacy of a third party;
(b) be detrimental to the education of the pupil;
(c) cause serious physical or emotional harm to the pupil or another person; or
(d) be injurious to the enforcement of an enactment or the conduct of an investigation under an enactment.
42.3(3) The school board shall not disclose to a parent the pupil file of his or her child who has attained the age of majority without first obtaining the consent of the pupil.
42.4(1) In this section, "court" means the Court of Queen's Bench.
42.4(2) A parent or a pupil who has attained the age of majority may appeal a school board's decision to refuse access to a pupil file by filing an application with the court within 30 days after being notified of the refusal of access.
42.4(3) The court may, during the course of the proceedings,
(a) order the school board to produce to the court any pupil file in the school board's possession or control; and
(b) take such measures as the court considers appropriate to protect the confidentiality of records, including holding a hearing or a portion of a hearing in private or in the absence of the applicant.
42.4(4) Subject to subsection (5), the court may
(a) order the school board to give the applicant access to all or part of the pupil file; and
(b) make such other order as the court deems appropriate.
42.4(5) The court shall not order a school board to give access to any part of a pupil file to which subsection 42.3(2) applies.
Objection to information on pupil file
42.5 A school board shall, on request by a parent or a pupil, attach to the pupil file the parent's or pupil's written objection to, or explanation or interpretation of, any matter contained in the file.
42.6 For greater certainty, nothing in sections 42.1 to 42.5 shall be interpreted to restrict the ability of a school board or a person acting on behalf of a school board to disclose information contained in a pupil file, provided the disclosure is made in good faith and within the scope of the duties and responsibilities of the school board or the person.
TRANSPORTATION OF PUPILS
43(1) Subject to the provisions of this Act and the regulations, in all cases where transportation of pupils is required, it shall be provided for those pupils who would have more than 1.6 kilometers to walk in order to reach school, and, further, provision for transportation from home to school shall be made regardless of distance for those pupils who are unable to walk to school because of physical or other handicaps.
43(2) Subject to subsection (1) and the regulations, each school board shall provide or make provision for the transportation of all resident pupils to and from school or may pay all or part of the living expense of such pupils in lieu of providing transportation.
43(2.1) A school board may enter into a contract with any person for the purpose of providing the transportation required under subsection (2).
Compensation to parent for transporting
43(3) Subject to subsection (6) and the regulations, where a school board is required to provide transportation of pupils to and from school, if for any reason a pupil of the school division or school district is not conveyed to school in a school bus, or is conveyed to and from a point more than .8 kilometers from the residence of the pupil, the parent or legal guardian of the pupil is entitled to receive compensation from the school division or school district for the transportation of the pupil as provided in this section.
43(4) The compensation referred to in subsection (3) shall be paid by the school board to the parent or legal guardian at a rate established by the school board and at least once a month or as mutually agreeable to the parent or legal guardian and to the school board, for each day the pupil is so transported.
43(5) In calculating distance relating to the transportation of pupils, the shortest travelled route available to the pupil shall be used and no account shall be taken of the distance to be travelled by the pupil over the property of the parent or legal guardian on which the residence of the pupil is situated.
Limitation on duty to provide conveyance
43(6) Subject to the regulations and subsection (1), no school board shall be required to extend a transportation route beyond the boundaries of the school division or school district, and nothing herein requires the school board to provide for the conveyance of a pupil to and from a point closer than .8 kilometers from the residence of the pupil.
R.S.M. 1987 Supp., c. 26, s. 4 to 6; S.M. 1991-92, c. 20, s. 6.
43.1(1) In transporting pupils as required by section 43, a school board must use its best efforts to ensure that a pupil's one-way travel time to his or her designated school is not longer than one hour.
Phasing in extended travel time reductions
43.1(2) A school board that needs time to comply with subsection (1) may phase in reductions in travel time over the five-year period beginning on the day this section comes into force.
Regulations respecting extended travel times
43.1(3) If at any time the minister considers that school boards have not reduced extended travel times sufficiently, the minister may make regulations
(a) establishing a cap on a pupil's one-way travel time to the school that he or she has been designated to attend by the school board;
(b) entitling a person
(i) who is the parent or legal guardian of a pupil whose travel time exceeds the cap, and
(ii) who provides or arranges transportation for the pupil,
to reasonable compensation from the school board for that transportation;
(c) establishing reasonable rates of compensation or a method of calculating those rates, and terms and conditions of entitlement to and payment of compensation, including when payments are to be made.
44 The school board shall enter into an agreement with any insurer licensed and authorized to carry on insurance business in Manitoba, to indemnify the school division or any conveyor under agreement or under the authority of an agent of the school board against loss or damage resulting from bodily injury to or death of any pupil being conveyed and against any other peril that may arise as a result of the conveyance of pupils.
Minister may deduct premium from grant
45 The minister may enter into an agreement for and on behalf of, or as agent for, any one or more school divisions or school districts with any insurer licensed to carry on the business of insurance in the province, insuring the school division or school divisions, or the school district or school districts, as herein provided and the minister may deduct the premium payable in respect of a school division or school district so insured from the moneys payable as grants to the school division or school district as the case may be.
Regulations respecting school transportation
46(1) The Lieutenant Governor in Council may make regulations that are ancillary to and not inconsistent with any provisions of this Act respecting the standards of transportation provided by school divisions and school districts for pupils and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,
(a) respecting the duties, powers and functions of drivers of vehicles used for such transportation, of persons contracting for such transportation, and of school officials, principals and teachers in respect of such transportation;
(b) respecting the testing of vehicles used for such transportation and the testing of the drivers thereof;
(c) respecting the use of vehicles used for such transportation, for purposes other than such transportation;
(d) prescribing standards and specifications to be met and maintained respecting vehicles used for such transportation and equipment thereon, and prescribing procedures for the enforcement of such standards and the persons who may enforce such standards;
(e) respecting the powers and duties of school patrols in respect of such transportation and the vehicles used therefor;
(f) prescribing rules of safety including emergency procedures to be followed in respect of such transportation and the vehicles used therefor, by the drivers thereof, the students, and the school officials, principals and teachers.
46(2) The provisions of any regulation made under subsection (1) shall be in addition to and not in substitution for or in derogation of the provisions of The Highway Traffic Act and any regulation made thereunder.
S.M. 1989-90, c. 49, s. 8.
47 No support shall be provided under Part IX in respect of transportation of pupils unless all requirements of this Act and the regulations respecting transportation of pupils have been met.
SAFE SCHOOLS
Codes of conduct and emergency response plans
47.1(1) The principal of each school must, in consultation with the school's advisory committee prescribed under clause 4(1)(p.1) of The Education Administration Act,
(a) establish a code of conduct for pupils and staff and an emergency response plan for the school; and
(b) review that code of conduct and emergency response plan at least annually.
47.1(2) A school's code of conduct must include
(a) a statement that pupils and staff must behave in a respectful manner and comply with the code of conduct;
(b) a statement that the following are unacceptable:
(i) abusing physically, sexually, or psychologically — orally, in writing or otherwise — any person,
(i.1) bullying, including cyber-bullying,
(ii) discriminating unreasonably on the basis of any characteristic set out in subsection 9(2) of The Human Rights Code,
(iii) using, possessing or being under the influence of alcohol or illicit drugs at school;
(c) a statement that the following will not be tolerated on school sites:
(i) gang involvement,
(ii) possessing a weapon, as "weapon" is defined in section 2 of the Criminal Code (Canada);
(d) a statement that pupils and staff must adhere to school policies respecting appropriate use of
(i) e-mail and the Internet, including policies that prohibit the accessing, uploading, downloading or distributing of material that the school has determined to be objectionable, and
(ii) digital cameras, cell phones, including those cell phones equipped with digital cameras, and other personal communication devices identified in the code of conduct;
(e) the disciplinary consequences, in as much detail as is reasonably possible, of violating the code of conduct, and the process for appealing disciplinary decisions;
and meet any other requirements prescribed by regulation under The Education Administration Act.
Interpretation: cyber-bullying
47.1(2.1) For the purpose of subclause (2)(b)(i.1), "cyber-bullying" means using the Internet or other information or communication technologies, such as e-mail messages or text messages sent by cell phone or pager, to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm someone else.
Content of emergency response plans
47.1(3) A school's emergency response plan must include
(a) the role of the principal, staff, and counselling and crisis intervention personnel in the event of an emergency; and
(b) procedures for
(i) controlling visitor access to the school site,
(ii) communicating inside and outside the school building in an emergency,
(iii) contacting pupils' parents or guardians in an emergency,
(iv) responding to the threat posed by a person having a weapon on the school site,
(v) dealing with bomb threats, fires, chemical spills and weather-related emergencies, and
(vi) evacuating school buildings and carrying out practice drills;
and meet any other requirements prescribed by regulation under The Education Administration Act.
S.M. 2004, c. 24, s. 1; S.M. 2008, c. 25, s. 3.
POWERS OF SCHOOL BOARDS
General powers of school boards
48(1) Subject to the regulations, a school board may
(a) provide a course of instruction and training for children between three and six years of age in nursery or kindergarten schools or both;
(b) establish and conduct evening schools and part-time day schools;
(b.1) establish and operate, or enter into a partnership to establish and operate, an adult learning centre in accordance with The Adult Learning Centres Act;
(c) arrange for and conduct summer schools;
(d) with the consent of the minister, establish and conduct day schools for special purposes;
(e) enter into an agreement with the minister to establish and conduct special courses, whether or not such courses are part of the public schools program and for payment to the school board in connection with such course, such amount as may be specified in the agreement;
(f) collect such tuition fees as the school board may establish for any of the classes referred to in clauses (b) to (e) except for classes that are part of the regular public school program;
(g) provide such apparatus and materials as may be deemed expedient for any of the purposes of this section;
(h) provide, with or without charge, lunches to pupils;
(i) provide materials, appliances and equipment for school sports and games and supervise and direct sports and games during school terms or vacation;
(j) purchase books and other instructional materials to be given to the pupils or to be loaned to them with or without charge as the school board may decide;
(k) provide such course of technical and vocational instruction as may be approved by the minister for pupils enrolled in or attending the schools under the jurisdiction of the school board by placing the pupils under the instruction of any person approved by the minister;
(l) with the approval of the Lieutenant Governor in Council, establish, maintain and provide for a school outside the limits of the school division or school district;
(m) repealed, S.M. 1996, c. 51, s. 9;
(n) establish and administer, with the consent of the minister, a system of medical and dental inspection of pupils and employees and subject to The Public Health Act and the regulations made thereunder, make such arrangements as may be approved by the minister for attending to the health, cleanliness and physical condition of the pupils and employees of the schools under the jurisdiction of the school board;
(o) except as otherwise provided in this Act, collect or recover in any court of competent jurisdiction as a debt fees owing to it from a parent or legal guardian of a pupil attending, or receiving a service from, a school in the school division or school district;
(p) notwithstanding any other provision of this Act, enter into an agreement with the government, or any minister of the government on behalf of the government, or any agency of the government or any other school board or any person
(i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or
(ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or
(iii) respecting the provision, exchange or sharing of educational services, or
(iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or
(v) respecting the construction of a regional vocational school or any other school within or without its territorial jurisdiction, and respecting the programs to be offered therein, or
(vi) respecting any one or more of the things mentioned in sub-clauses (i) to (v);
(q) notwithstanding any other provision of this Act, but subject to the approval of the minister, enter into an agreement with the Government of Canada or a minister thereof on behalf of the Government of Canada or an agency of the Government of Canada or an Indian Band or its representative to whom authority over the education of children of the Indian Band has been granted under an Act of Parliament,
(i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or
(ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or
(iii) respecting the provision, exchange or sharing of educational services, or
(iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or
(v) respecting any one or more of the things mentioned in sub-clause (i) to (iv);
(r) enter into agreements with the council of a municipality for the purpose of construction and maintenance of recreational or other facilities on property owned by the school division or school district and for the joint use of those facilities;
(s) decide who shall be school visitors;
(t) provide or make provision for the transportation of any of its resident pupils to and from school, or to and from any school activity during or outside of school hours, and may provide, in whole or part, for the expense of any such transportation;
(u) establish, operate, maintain and regulate a system of patrols for the protection of children from traffic accidents;
(v) establish and provide for any course of study approved by the minister;
(w) provide or authorize the levying of caution fees or fines.
48(2) A school board may spend moneys raised for school purposes
(a) for extending courtesies of providing tributes and recognition to any person;
(b) for sponsoring or participating in activities in co-operation with educational organizations;
(c) for making grants to or becoming members of such organizations of and educational or related nature as the school board may determine; and
(d) for the in-service education of teachers or other employees.
48(3) A school board may grant to a pupil a scholarship, bursary or award.
48(4) Subject to the regulations and notwithstanding any other provision of this Act, a school board may suspend or expel from a school any pupil who, upon investigation by the school board, is found to be guilty of conduct injurious to the welfare of the school.
Granting of leave of absence to teachers
48(5) A school board may grant leave of absence to any teacher, officer or other employee under its jurisdiction for such period as the school board may approve and may grant the teacher, officer or other employee such allowance per month, during leave of absence, as the school board deems advisable.
48(6) A school board may, by by-law, provide a schedule of cumulative sick leave with pay for its employees other than teachers.
48(7) A school board may, under the terms of any arrangement with its employees place insurance coverage on its employees and provide for salary continuation plans and may spend money raised for school purposes to pay, in whole or in part, the premiums thereon.
S.M. 1989-90, c. 49, s. 9; S.M. 1996, c. 51, s. 9; S.M. 2002, c. 29, s. 44.
Rights of employees respecting elections
48.1(1) Nothing in this or any other Act of the Legislature prohibits an employee from seeking nomination as or being a candidate for public office, or supporting a candidate or political party, in a municipal, provincial, federal or school board general election or by-election, and, if elected, from serving in that office.
48.1(2) An employee who, pursuant to subsection (1), proposes to become a candidate in a municipal, provincial, federal or school board election may apply to the employee's school board for leave of absence without pay for a period
(a) where the employee is nominated as a candidate, not longer than the period commencing on the day on which the writ for the election is issued and ending 90 days after the day on which the results of the election are officially declared; and
(b) where the employee is not nominated as a candidate, not shorter than the period commencing on the day on which the writ for the election is issued and ending on the day fixed by law for the nomination of candidates;
and every such application shall be granted.
Reinstatement of unsuccessful candidate
48.1(3) An employee who runs for office in an election pursuant to this section and is not elected, and applies to the employer within 90 days from the date on which the results of the election are officially declared, shall be reinstated to the position held immediately prior to the date the leave of absence was granted under subsection (2) or to a comparable position, and the employee's service shall be deemed to be unbroken for all purposes.
Leave of absence for elected candidate
48.1(4) An employee who runs for office in an election pursuant to this section and is elected shall, upon application to the employer, be granted leave of absence without pay for the period during which the employee holds office but not exceeding five years.
48.1(5) In this section,
"employee" means an employee of a school board, school division or school district; (« employé »)
"employer" means a school board, school division or school district. (« employeur »)
S.M. 1989-90, c. 49, s. 10; S.M. 1991-92, c. 20, s. 7 to 10; S.M. 2004, c. 15, s. 12.
Agreement respecting regional vocational schools
49(1) With the written approval of the minister, two or more school divisions may enter into an agreement for the administration of and provision of funds for the operation of, a regional vocational school and the agreement may provide for the establishment of a governing board to administer the regional vocational school.
49(2) Where an agreement made under subsection (1) provides for the establishment of a governing board to administer regional vocational schools, the board shall be comprised only of trustees from the school boards of the school divisions which are party to the agreement and shall be known as: "The Governing Board for Regional Vocational School" and, upon being established, the members of the governing board are a body corporate and politic under that name.
Agreement to continue regional vocational school
49(2.1) If an agreement under subsection (1) is or will be terminated but a school division that was a party to it wishes the regional vocational school to continue,
(a) the minister may enter into an agreement with the school division and the governing board to continue the regional vocational school; and
(b) the minister and the school board may, pursuant to the agreement and despite subsection (2), name persons who are not trustees to serve as members of the governing board of the regional vocational school.
49(3) Subject to subsection (4), a governing board established or continued under an agreement made under this section to administer a regional vocational school has, for and in respect of the regional vocational school the powers, duties and obligations of a school board under this Act.
49(4) Notwithstanding subsection (3) or any other provision of this Act, a governing board established or continued under an agreement made under this section to administer a regional vocational school does not have the powers, duties and obligations imposed under clauses 41(1)(a), (k) or (p) subsections 41(4) or (5), section 43, clause 48(1)(a), section 57 or Part IX.
49(5) The parties to an agreement made under this section may enter into subsidiary agreements with each other — and in the case of an agreement under subsection (1) that establishes a governing board to administer the regional vocational school, with the board — respecting the provision of supplies and services.
Additional transportation powers
49(6) Notwithstanding subsection 43(6), a school division which is a party to an agreement under this section in respect of a regional vocational school may, for the purpose of assisting in the administration of the regional vocational school, and in accordance with any agreement made under this section, extend transportation routes beyond the boundaries of the school division and provide transportation to pupils residing outside the school division.
50(1) Subject to subsection (2) and the regulations, a school board shall, by by-law, establish a superannuation or pension plan for its employees and officers who are not provided for under The Teachers' Pensions Act and for this purpose may
(a) establish a superannuation or pension fund and make rules governing the management, administration and investment of the fund; and
(b) make rules which specify the person who is eligible to participate in the plan, the amount each participant is required to contribute, the conditions under which a participant, other person or estate is eligible to receive a pension or other benefits, the amount of such pension or other benefits and the procedures to be followed in the administration of the plan; and
(c) enter into an agreement with a life insurance company or trust company, provided such company is authorized to carry on its business in the Province of Manitoba, to manage the investments of the fund; and
(d) guarantee the solvency of any superannuation or pension fund established by it.
50(2) In lieu of establishing a superannuation or pension fund under subsection (1), a school board may
(a) enter into an agreement with a municipality in Manitoba whereby the employees of the school board become eligible to participate in the superannuation or pension plan established by that municipality; or
(b) enter into an agreement with a life insurance company authorized to carry on its business in Manitoba, or with the Government of Canada or with the Manitoba Association of School Trustees, to provide a pension or other benefits for its employees who are not teachers.
50(3) Where a superannuation or pension plan is established under subsection (1) or (2) the school board shall contribute from the funds of the school division or school district the amount required under the plan to be contributed by it and shall include the amount of the contribution in its annual estimates.
Protected from attachment and not assignable
50(4) The interest of an employee in the fund or any allowance or payment out of the fund to any person entitled under this Act is not subject to garnishment, attachment or seizure, or to any legal process whatsoever and in the case of the death of the employee or person receiving an allowance, any allowance or payment out of the fund does not form part of the estate of the deceased so as to be liable for any of his debts and no interest, allowance or payment out of the fund is assignable, except that the sum which an employee who leaves the service or is dismissed is entitled to be paid out of the fund may be assigned to another employee superannuation or pension fund or plan approved by the Minister of National Revenue.
SUPERINTENDENT
51 A school board may appoint a superintendent, fix and pay his remuneration and define his duties.
Delegation of powers and duties to superintendent
52(1) A school board may by resolution delegate to the superintendent
(a) power to employ, within the establishment and budgetary limits set by the school board, necessary staff except senior officers and employees holding administrative or supervisory positions; or
(b) except in respect of positions mentioned in clause (a), power to accept resignations and power to grant within policy and budgetary limits established by the school board, exchange leave for teachers and to cancel or alter that leave; or
(c) power to appoint attendance officers; or
(d) power to promote non-teaching staff into established positions, except in respect of positions mentioned in clause (a); or
(e) power to select teachers for schools operated by the Department of National Defence, to grant leave for service with the Department of External Affairs and to select teachers for similar service; or
(f) power to request municipal councils to make improvements in roads and sidewalks adjacent to school sites and power to enter into agreements on behalf of the school board with respect thereto within policy and budgetary limits established by the school board; or
(g) power to approve payment under final certificates for payments in respect of routine contracts awarded by the school board other than for new buildings, where the contracts have been completed to his satisfaction; or
(h) any one or more of the powers mentioned in clauses (a) to (g).
Assignment of principal's duties to superintendent
52(2) In the case of
(a) the Churchill School District No. 2264;
(b) the Snow Lake School District No. 2309;
(c) the Lynn Lake School District No. 2312;
(d) the Sprague School District No. 2439;
(e) the Leaf Rapids School District No. 2460; and
(f) the South Winnipeg Technical Centre;
a school board may assign the duties of a principal to a superintendent.
S.M. 1989-90, c. 49, s. 11; S.M. 1991-92, c. 20, s. 11; S.M. 1997, c. 27, s. 3.
SECRETARY-TREASURER
Appointment of secretary-treasurer
53(1) Every school board shall appoint a secretary-treasurer, fix and pay his remuneration and define his duties.
53(2) Where a secretary-treasurer is appointed, the chairman of the school board or the secretary-treasurer shall, within 10 days thereafter, send or cause to be sent to the minister by registered mail a written notice of the appointment stating the full name and address and qualifications of the appointee.
53(3) Subject to subsection (4), the secretary-treasurer shall pay the accounts authorized by the school board and in accordance with the policy of the school board.
Payment of accounts without approval
53(4) The secretary-treasurer may without prior approval of the school board pay all accounts that are payable by the school division or school district and that have been included in the estimates of the school division or school district for the year in which the account is payable if he considers payment without prior approval of the school board to be in the best interests of the school division or school district and pay all other accounts that are payable by the school division or school district and that have been approved by the school board.
Secretary-treasurer to report occupations of trust
53(5) At the first meeting in each year the secretary-treasurer shall make a written statement to the school board of all occupations in which he is engaged which involve the receipt by him of money other than that belonging to the schoolboard or to himself and he shall thereafter during the year as they occur, report any such additional occupations or any discontinuance thereof and the chairman of the school board shall immediately report to the minister all such occupations made known to the school board.
54(1) An auditor referred to in subsection 41(8) for the purpose of carrying out his duties may
(a) require the attendance of all or any of the persons interested in the accounts, and of their witnesses, with all such books, papers and writings as the auditors may direct them or any of them to produce;
(b) administer oaths to persons and witnesses.
54(2) Every trustee and every employee of a school board shall, on request, furnish to the auditor all papers, books accounts and information that the auditor requires to carry out his duties and that it is in the power of the trustee or the employee, as the case may be, to furnish.
54(3) Every secretary-treasurer, every person who has been a secretary-treasurer and every trustee or other person who has in his possession any books, papers, chattels or moneys that came into his possession as secretary-treasurer, trustee or otherwise shall deliver up or account for and pay over the books, papers, chattels and moneys to the person designated by the school board or by the minister.
55(1) The secretary-treasurer shall record in a minute book, without note or comment, all resolutions, decisions and other proceedings of the school board.
55(2) On the demand of any resident voter, the secretary-treasurer shall make available to him and permit him to examine the minutes of any school board meeting, excepting any record of any meetings held in camera, at any time when the offices of the school division or school district are open for the transaction of business.
55(3) Sections 247, 248 and 249 apply, with such modifications as the circumstances require, to every person who contravenes, neglects, refuses or fails to comply with subsection 54(3).
GENERAL PROVISIONS
56(1) A school board may, by by-law, provide for the payment of an annual indemnity to the chairman and to each trustee payable in such amount and at such times and under such conditions as provided in the by-law.
56(2) In addition to the indemnity referred to in subsection (1), each member of the school board may be paid and may accept
(a) such amount per mile as set by by-law of the school board for each mile actually and necessarily travelled from his place of residence in the school division or school district to the place of meeting and return to his place of residence, allowable only once for each school board meeting;
(b) such amount per hour as set by by-law of the school board for each hour actually and necessarily spent by him under authority previously given by resolution of the school board in the performance of such duties, work or services as he is required or authorized under the resolution to perform; and
(c) such an amount per mile, as set out by by-law of the school board, for each mile actually and necessarily travelled by him in the performance of the duties, work or services to which clause (b) applies;
but the remuneration or mileage mentioned in clauses (b) and (c) is not payable until an account showing the work or service performed, verified by statutory declaration, has been filed with the secretary-treasurer and payment thereof authorized by resolution of the school board.
56(3) A school board may reimburse its trustees, trustees-elect or employees for expenses necessarily incurred while attending conventions or carrying out duties assigned or approved by the school board and at such rates and under such conditions as the school board may determine.
56(4) Notwithstanding any other provision of this Act, the principal of each school, subject to the rules of the school board, may raise, hold, administer and expend moneys to be known as "school funds" for the purposes of the school.
Exclusion of student council funds
56(5) School funds referred to under subsection (4) do not include student council funds.
Alteration of wards and numbers of trustees
57(1) Subject to subsections (2), (3), (4), (5) and (6) a school board may, by by-law, or on the petition of 10 or more resident voters
(a) alter the boundaries of existing wards;
(b) increase or decrease the number of wards;
(c) increase or decrease the number of trustees in any ward but the total number of trustees shall not be fewer than five or more than nine;
(d) repealed, S.M. 2002, c. 8, s. 15;
(e) establish wards and subject to clause (c), state the number of trustees to be elected in each ward so established; or
(f) do any one or more of the things mentioned in clauses (a) to (e).
57(2) Subject as herein provided each trustee of a school division or school district divided into wards shall represent, in so far as is practicable, approximately the same number of resident voters.
57(3) A school board of a school division or school district divided into wards may establish a representation quotient for the school division or school district by dividing the total number of voters on the voters list of the division or district by the total number of trustees to be elected.
Action to preserve equality by population of wards
57(4) Where, in the case of a school division or school district divided into wards, the number of voters per trustee in any one or more of the several wards thereof varies from the quotient obtained under subsection (3) to an extent greater than is permitted under subsection (5), the school board may take such action as may be required to give effect to subsection (2).
57(5) In determining the area to be included in, and in fixing the boundaries of any ward the school board shall consider
(a) special geographic conditions, including the sparsity, density and relative rate of growth or loss of population of a part of the school division or school district; and
(b) any special diversity or community of interests of the inhabitants of a part of the school division or school district;
and may allow a variation in the population requirement of any ward where, in its opinion, those considerations or any of them render a variation desirable but in no case may the representation quotient of any ward in the school division or school district as a result thereof vary from the quotient obtained under subsection (3) to an extent that is greater than 25% or to an extent that is less than 25% of the quotient.
School board may not pass by-law
57(6) Where the application of subsection (3), (4) or (5) would result in a reduction in the number of trustees in the school division or school district, the school board may decide not to pass the by-law.
57(7) A by-law passed under subsection (1) has no effect unless approved in writing by the minister.
57(8) Before the minister approves a by-law passed under subsection (1), he may require the by-law to be submitted to a referendum of the resident voters of the school division or school district.
57(9) A by-law made under subsection (1) shall take effect on the date of the next following general election of trustees in the school division or school district and the term of office of all trustees of the school division or school district affected by the by-law terminates at the time the by-law takes effect and, before the election, the minister in approving the by-law shall determine the term of office or method of fixing the term of office of each of the trustees to be elected.
S.M. 2002, c. 8, s. 15; S.M. 2005, c. 27, s. 162.
Appeal against action of school board
58(1) Where 10 or more resident voters of a school division or school district aggrieved by the action of a school board under subsection 57(1) or by the failure of the school board to take action within three months next following the making of a request under subsection 57(1) the voters may in writing appeal to the minister against the action, or the failure or refusal to act of the school board and the minister may refer the matter to the board of reference.
58(2) Where under subsection (1) the minister refers the matter to the board of reference, he shall send a copy of the request to the board of reference and to the school division or school district and the board of reference shall act thereon as provided in section 9.
PART III.1
PARENTS AND PUPILS
ACCESS TO SCHOOLS AND PROGRAMS
58.1 In this Part, "parent" includes a legal guardian.
58.2 Every school board shall publish or otherwise make available to parents and pupils the information required by the regulations respecting programs offered and the enrolment of resident and non-resident pupils in programs and schools, at the times and in the form and manner required by the regulations.
58.3 A resident pupil may be enrolled in
(a) a program offered at any school within the school division or school district; or
(b) subject to section 58.4, a program offered at a school in another school division or school district;
in accordance with the procedures established in the regulations.
58.4(1) A school shall enrol a non-resident pupil in the program for which he or she applies unless, in the opinion of the principal or other person designated by the school board,
(a) there is insufficient space in the program the pupil wishes to attend having regard to the priorities established in subsection (2);
(b) enrolling the pupil in the program would require significant expenditure to extend or otherwise alter a program or the school building or school property;
(c) enrolling the pupil in the program likely would be seriously detrimental to the continuity of the pupil's education;
(d) the program is not suited to the age, ability or aptitude of the pupil;
(e) enrolling the pupil in the program likely would be seriously detrimental to order and discipline in the school or the educational well-being of pupils there;
(f) enrolling the pupil in the program is inadvisable for any other reason or for any circumstance that may be specified in the regulations.
58.4(2) Where the number of pupils who apply to enrol in a program in a school exceeds the number of places available in the program, the school shall enrol pupils in the following order of priority:
(a) first, pupils who reside in the school's catchment area;
(b) second, pupils who reside in the school division;
(c) third, other pupils.
58.5 The minister may make regulations
(a) respecting the information school boards are required to publish or otherwise make available to parents and pupils respecting programs offered and the enrolment of resident and non-resident pupils in programs and schools, and the times, the form and the manner in which the information is to be provided;
(b) for the purposes of section 58.3, establishing procedures for the enrolment of pupils;
(c) exempting pupils or classes of pupils from the requirements of this Part or any provision in this Part;
(d) for the purposes of clause 58.4(1)(f), specifying reasons or circumstances which make inadvisable the enrolment of a pupil in a program.
RIGHTS AND RESPONSIBILITIES OF PARENTS AND PUPILS
58.6 Subject to the provisions of this Act and the regulations, a person who is resident in Manitoba is entitled to enrol his or her child in a program in any school in Manitoba and to
(a) be informed regularly of the attendance, behaviour and academic achievement of his or her child in school;
(b) consult with his or her child's teacher or other employee of the school division or school district about the child's program and academic achievement;
(c) have access to his or her child's pupil file;
(d) receive information about programs available to his or her child;
(e) be informed of the discipline and behaviour management policies of the school or school division or school district, and to be consulted before the policies are established or revised;
(f) be a member of an advisory council, local school committee or school committee at his or her child's school; and
(g) accompany his or her child and assist him or her to make representations to the school board before a decision is made to expel the child.
58.7 A parent of a child of compulsory school age or who is attending school shall
(a) cooperate fully with the child's teachers and other employees of the school division or school district to ensure the child complies with
(i) school and school division or school district student discipline and behaviour management policies, and
(ii) the school's code of conduct; and
(b) take all reasonable measures to ensure the child attends school regularly.
S.M. 1996, c. 51, s. 10; S.M. 2004, c. 24, s. 1.
58.8 If property of a school division or school district is destroyed, damaged, lost or converted by the intentional or negligent act of a child, the child and his or her parents are jointly and severally liable to the school board for the loss.
58.9(1) Subject to the provisions of this Act, a person who has the right to attend school under section 259 may enrol or be enrolled in a program offered by any school in Manitoba.
58.9(2) A pupil is entitled to
(a) receive regular testing and evaluation of his or her academic performance and achievement;
(b) subject to subsection 42.3(2), have access to his or her pupil file, if the pupil has attained the age of majority; and
(c) be accompanied by a parent or other adult to assist him or her and to make representations to the school board before a decision is made to expel him or her.
Board may meet in camera re expulsion
58.9(3) Despite subsection 30(3), a school board may meet in camera for the purpose of hearing representations about and determining whether to expel a pupil.
S.M. 1996, c. 51, s. 10; S.M. 2004, c. 15, s. 13.
58.10 A pupil is responsible for
(a) attending school and classes regularly and punctually;
(b) complying with
(i) the student discipline and behaviour management policies of the school and school division or school district, and
(ii) the school's code of conduct; and
(c) completing assignments and other related work required by teachers or other employees of the school division or school district; and
(d) treating school property and the property of others employed at or attending the school with respect.
S.M. 1996, c. 51, s. 10; S.M. 2004, c. 24, s. 1.
PART IV
AGREEMENTS WITH PRIVATE SCHOOLS
59 In this Part, "private school" means a "private school" as defined in The Education Administration Act.
60(1) A school board may with the approval of the minister, enter into an agreement with a private school to provide under the supervision and control of the school board to children enrolled in the private school transportation from points on a regular public school bus route operated by the school board to other points on the same route.
60(2) A school board may with the approval of the minister enter into an annual agreement with a private school respecting the use of the facilities and resources of the school division or school district, other than transportation facilities and resources, by or for the benefit of children enrolled in the private school while attending a public school operated by the school division or school district.
60(3) The term of an agreement under this section shall not exceed one year.
60(4) Grants made or support provided to a school division or school district under this Act may include amounts for transportation provided by the school division or school district to children enrolled in a private school pursuant to an agreement made under subsection (1).
Grants for facilities and resources
60(4.1) The Lieutenant Governor in Council may make regulations prescribing the amounts of grants to be paid in respect of facilities and resources of a school division or school district used for the benefit of children enrolled in a private school pursuant to an agreement made under subsection (2).
60(5) The minister may, under the regulations, make grants to a private school in respect of instruction and services offered by the private school to children enrolled therein, where the minister is satisfied that
(a) the private school teaches a sufficient number of courses approved under The Education Administration Act to ensure that children enrolled in the private school receive an education of a standard equivalent to that received by children in public schools;
(b) the principal and the teachers teaching the approved courses to children enrolled in the private school hold valid and subsisting teaching certificates issued under The Education Adminstration Act;
(c) the department has approved the core curriculum of the school;
(d) the private school has a legally incorporated Board of Directors;
(e) the private school has an elected advisory board that
(i) includes at least three persons who are parents or guardians of children enrolled in the private school,
(ii) reports on the private school on a regular basis during the school year, and not less often than once in each school term, to the parents or guardians of students enrolled in the private school;
(f) the private school
(i) has received one or more grants under this subsection before the coming into force of this clause, or
(ii) commenced operating with pupils in attendance before the day this clause came into force and has been so operating for a period of at least two years following that day, and has been in compliance with clauses (a) to (e) and any requirements prescribed under clause (g) for each of those years, but has not received a grant under this subsection before that day, or
(iii) commenced operating with pupils in attendance on or after but not before the day this clause came into force and has been so operating for a period of at least three years, and has been in compliance with clauses (a) to (e) and any requirements prescribed under clause (g) for each of those years; and
(g) the private school is in compliance with such other requirements as may be prescribed by regulation;
and the minister may make regulations respecting the making of grants under this subsection and prescribing requirements for the purposes of clause (g).
S.M. 1989-90, c. 49, s. 12; S.M. 1991-92, c. 20, s. 12; S.M. 1992, c. 58, s. 27; S.M. 1996, c. 51, s. 11; S.M. 2001, c. 43, s. 57; S.M. 2004, c. 42, s. 79.
PART V
SCHOOL SITES, BUILDINGS AND OTHER PROPERTY
SCHOOL SITES
61 Where a school site or an additional school site or a change in school site is required in a school division or school district the school board may select the site or may change a school site.
62(1) Any school board may acquire by purchase, gift, exchange or otherwise and, without the consent of the owner thereof, may enter upon, take, use and expropriate land for a school site or land adjoining an existing school site which the school division or school district requires for the enlargement thereof, and any expropriation of land under this section is subject to the provisions of The Expropriation Act.
Finance board's approval required to purchase land
62(2) No school board may acquire land under subsection (1) unless
(a) the school board has first obtained the approval of the finance board; or
(b) the acquisition is by way of expropriation in accordance with section 65, or by gift.
S.M. 1989-90, c. 49, s. 13; S.M. 2006, c. 21, s. 14.
Payment of encumbrance out of purchase money
63 Where a school board has purchased for school purposes, land that is subject to an encumbrance, the school board may out of the purchase money pay off the encumbrance with interest to date of the payment and if the encumbrance consists of a mortgage or annuity charge it may be paid off with interest to the date of the payment and a further amount equal to three months interest as a bonus.
Deposit of money with Minister of Finance
64(1) Where, under section 63
(a) the person entitled to receive the money refuses to accept the amount hereby authorized to be paid; or
(b) the person entitled to receive the money cannot be found; or
(c) there is doubt or uncertainty as to the person who is entitled to receive the money;
the school board may deposit the money with the Minister of Finance together with a statement in writing
(d) indicating the reasons why the money is being deposited with the Minister of Finance; and
(e) setting out any other information that it may have respecting the identity of the person who has or may have a claim on the money.
Filing of receipt of Minister of Finance in L. T. O.
64(2) Upon receiving any money under subsection (1) the Minister of Finance shall issue to the school board a receipt therefor and upon production of the receipt to the district registrar of the land titles district in which the land is situated and an affidavit of that minister setting out to the satisfaction of the district registrar, the circumstances under which the money was received, the district registrar shall discharge the encumbrance, pro tanto, and strike out or amend the entry from the certificate of title showing the encumbrance, as the case may require.
Disbursement of moneys paid in
64(3) Any money paid to the Minister of Finance under subsection (1) may be paid out by him on the direction of the district registrar within whose district the land in question lies.
65(1) Where under section 62 a school board is entitled to acquire land by expropriation for a purpose mentioned in that section and is unable to obtain a valid conveyance of the land, the school board may pass a by-law providing for the expropriation thereof.
65(2) A by-law for expropriating land shall contain a description of the land by reference to a plan or otherwise and if it is proposed to expropriate an easement or other right in the nature of an easement it shall contain a description of the easement or other right to be expropriated.
65(3) A by-law passed under this section is of no force and effect unless it is approved by the finance board.
Exemption from certain building restrictions
66 Notwithstanding any provision of this Act where a school board purchases land that is subject to a building restriction caveat, the land may be used by the school division or school district for its purposes in any manner notwithstanding the caveat or any agreement attached to or referred to therein.
Sale of school site or other property
67 Subject to section 174, a school board may dispose of any school site or school property not required by the school board.
Disposal of mines and minerals
68 Subject to the written approval of the minister where a school division or school district owns the mines and minerals lying in or under a school site owned by the school division or school district, it may, if so authorized by a by-law of the school board, lease, sell or otherwise dispose of and deal with, those mines and minerals or any part thereof as the school board in its discretion deems fit and without restricting the generality of the foregoing, but subject as aforesaid and under like authorization, it may enter into and execute agreements or contracts of the kinds commonly called petroleum leases, natural gas leases, unitization agreements and pooling agreements with respect to the mines and minerals.
BUILDINGS AND OTHER PROPERTY
Powers of school board respecting school property
69 A school board may
(a) permit the use of school buildings and property and expend school moneys for the purpose of assisting any activities carried on under an agreement entered into by the province and the Government of Canada; and
(b) accept on behalf of the school division or school district any gift of real or personal property or any interest therein and apply the revenue derived therefrom or the proceeds of the sale thereof, or both, towards the payment of scholarships or any other purpose prescribed by the donor thereof or if the gift is not made subject to conditions, for any purpose that the school board subject to the approval of the minister may determine.
70 Subject to the regulations the school board in the discharge of its duties under this Act shall at all times use the following procedures:
(a) all purchases of personal property and contracted services shall be made in the most economical manner possible;
(b) where the cost of personal property or services mentioned in clause (a) exceeds $20,000. competitive offers for such property and services shall be obtained, except in emergency situations, by public tender;
(c) all offers received pursuant to clause (b) shall be tabulated for ready reference for presentation to the school board.
Ownership of personal property
71 The right and title to all personal property purchased, donated or otherwise acquired before, on or after the coming into force of this Act is hereby vested in the school division or school district, as the case may be.
Duties of school board respecting custody of school property
72(1) Every school board shall hold in its possession, custody and safekeeping and regulate the use of all public school property, real or personal, acquired or received and hold or apply it according to the terms on which it was acquired or received.
Repair and rental of buildings
72(2) Every school board shall keep its school buildings, contents and premises in proper repair and may, subject to section 74, acquire by lease, buildings and property as the school board deems necessary for its purposes.
73 A school board may, subject to such terms and conditions as it may impose, permit the use of any property of the school division or school district with or without fee.
74(1) Subject to the regulations, a school board shall not do any of the following without the approval of either the minister or the finance board:
(a) purchase, lease or otherwise acquire a building or part of a building to be used for instructional purposes;
(b) erect, enlarge or remodel a building or part of a building to be used for instructional purposes;
(c) enter into a contract for any purpose described in clause (a) or (b).
74(2) The minister may make regulations respecting approvals, including regulations governing the circumstances under which an approval must be obtained and procedures for the finance board to follow in the approval process.
S.M. 1991-92, c. 20, s. 13; S.M. 1999, c. 14, s. 3.
PART VI
CONDUCT OF SCHOOLS
75 Except as otherwise provided in this Act no school board shall charge tuition fees.
Regulations respecting school year, vacations and school hours
76 The minister may make regulations
(a) prescribing the length of vacations and the number of teaching days in the year; and
(b) prescribing the hours that shall be school hours for pupils.
77 A regulation made under section 76 may apply to all school divisions, school districts or schools or to any one or more of them or to any part of a school division or a school district or a school.
78(1) The following days shall be school holidays:
(a) every Saturday except as provided in subsection (3);
(b) every Sunday;
(c) every day named in the regulations as a holiday;
(d) every day appointed by the Governor General in Council or by the Lieutenant Governor in Council as a general holiday.
78(2) Except for Remembrance Day, whenever a holiday other than Sunday falls on a Sunday the day next ensuing shall be a school holiday.
78(3) Subject to the approval of the minister, teaching may be done in any school on a Saturday in which case that day shall be deemed to be a teaching day for that school.
Outdoor education and work education
78(4) Subject to section 88, any pupil engaged in a work education program or participating in an outdoor education or other program which is conducted off the school premises under the authority of the school board shall be deemed to be in attendance at school.
LANGUAGES OF INSTRUCTION
English and French as languages of instruction
79(1) Subject as otherwise provided in this section, English and French are the languages of instruction in public schools.
79(2) When authorized by the school board, a language other than English or French may be used in any school in the school division or school district
(a) for instruction in religion during a period authorized for such instruction;
(b) during a period authorized by the minister for teaching the language;
(c) before and after the regular school hours prescribed in the regulations and applicable to that school;
(d) in compliance with the regulations as a language of instruction, for transitional purposes;
(e) in compliance with the regulations, as a language of instruction for not more than 50% of the regular school hours as determined by the minister.
Use of English or French as language of instruction
79(3) Where in any school division or school district, there are 23 or more pupils who may be grouped in a class for instruction and whose parents desire them to be instructed in a class in which English or French is used as the language of instruction, the school board shall group those pupils, and upon petition of the parents of those pupils requesting the use of English or French, as the case may be, as the language of instruction in respect of those pupils, the school board shall group those pupils in a class for instruction and provide for the use of English or French, as the case may be, as the language of instruction in the class.
Minister's discretion for fewer pupils
79(4) Where the number of pupils concerned is less than the numbers mentioned in subsection (3) as requirements for the application of that subsection, the minister may require the school board to make arrangements for the use of English or French as the language of instruction in any class.
79(4.1) After the first election of the francophone school board,
(a) subsection (3) does not apply to a petition by parents who wish to exercise their rights under section 23 of the Charter;
(b) any school board that receives a petition under subsection (3) for French instruction designed for pupils whose first language is French may refer the petition to the francophone school board instead of providing the French instruction; and
(c) where a petition is referred to the francophone school board before it provides programs under section 21.5, the minister, after consulting with the francophone school board, may prescribe any necessary interim measures related to such a petition.
79(5) The administration and operation of a public school shall be carried out in the English language or the French language as the minister may, by regulation, provide.
English as subject of instruction
79(6) Notwithstanding any other provision of this Act, English
(a) may be a subject of instruction in any grade; and
(b) shall be a subject of instruction in every class in Grade IV, V, VI, VII, VIII, IX, X, XI or XII where French is used as the language of instruction.
79(7) A school board may enter into an agreement with another school board for providing jointly classes in which the language used for instruction is English or French, as the case may be, and the pupils in those classes may be included in the numbers required to meet the requirements of any provision of this section or the regulations.
Establishment of Languages of Instruction Advisory Committee
79(8) The minister shall establish a committee (hereinafter referred to as the "Languages of Instruction Advisory Committee") composed of nine persons, to which he may refer matters pertaining to the use of languages of instruction in public schools and which shall review those matters and make recommendations thereon to the minister.
Composition of Languages of Instruction Advisory Committee
79(9) Of the nine members of the Languages of Instruction Advisory Committee
(a) two shall be appointed by the minister from not fewer than four persons who are members of les commissaires d'ecole franco-manitobains, nominated by the Manitoba Association of School Trustees;
(b) two shall be appointed by the minister from not fewer than four persons who are members of les educateurs franco-manitobains, nominated by the Manitoba Teachers' Society; and
(c) five shall be appointed by the minister;
for such term as the minister may determine.
79(10) For the purpose of carrying out the provisions of this section according to their intent the minister may make such regulations and orders as he may deem necessary.
R.S.M. 1987 Supp., c. 26, s. 7; S.M. 1993, c. 33, s. 6.
INSTRUCTION IN RELIGION
Authorization for instruction in religion
80(1) Instruction in religion may be conducted in any school in Manitoba if authorized by a by-law passed by the school board.
Petition for instruction in religion
80(2) If a petition requesting that religious instruction be given in a school is presented to the school board and is signed by
(a) the parents or guardians of at least 10 children attending the school having one or two classrooms; or
(b) the parents or guardians of at least 25 children attending the school having three or more classrooms;
the school board shall pass a by-law authorizing instruction in religion in compliance with the petition.
Hours of instruction in religion
81 Instruction in religion, when authorized under or permitted by this Act, may take place during school hours at such time and on such days as approved by a by-law of the school board but in any case shall not exceed 2 1/2 hours per week and shall be conducted by a clergyman, priest, rabbi or other spiritual leader or by a representative of parents recognized by the school board as constituting a religious group or by any person including a teacher, duly authorized by such clergyman, priest, rabbi or other spiritual leader.
Non-participation in instruction in religion
82 Where the parent or guardian of a pupil who is under the age of majority does not desire the participation of the pupil in religious instruction, the pupil shall be excused from participating in the instruction, and where a pupil over the age of majority does not wish to participate in religious instruction he shall be excused from participating therein.
83 The minister may make regulations for the purpose of giving effect to sections 80 to 82.
RELIGIOUS EXERCISES AND PATRIOTIC OBSERVANCES
84(1) Public schools shall be non-sectarian and no religious exercises shall be allowed therein except as provided in this section.
Conduct of religious exercises
84(2) Any religious exercise conducted in schools shall be conducted according to the regulations of the advisory board established under The Education Administration Act.
84(3) Religious exercises shall be held at such times during the school day as the school board may establish but in no case shall the school time devoted to religious exercises exceed the maximum provided by the regulations made by the advisory board.
84(4) Where the parent or guardian of a pupil under the age of majority notifies the teacher that he does not wish the pupil to attend religious exercises, the pupil shall not attend and if a pupil over the age of majority does not wish to attend he shall be free not to attend.
84(5) Subject to subsection (6) and the regulations made by the advisory board, religious exercises shall be held in every school.
Cancellation of religious exercises
84(6) A school board may, by by-law, direct that religious exercises shall not be held in any one or more schools during the then current school year and thereafter in that school year they shall not be held in that school or those schools.
Effective period of cancellation
84(7) A by-law passed under subsection (6) is effective only until June 30 next following the day on which it is passed.
Petition for religious exercises
84(8) If a petition asking for religious exercises, signed by the parents or guardians of 75% of the pupils in the case of a school having fewer than 80 pupils or by the parents or guardians of at least 60 pupils in the case of a school having an enrolment of 80 or more pupils, is presented to the school board, religious exercises shall be conducted for the children of those parents or guardians in that school year.
S.M. 1991-92, c. 20, s. 14; S.M. 2004, c. 15, s. 15.
85 Patriotic observances as prescribed by the advisory board established under The Education Administration Act shall be conducted in schools according to the regulations of the advisory board.
ACCIDENTS
Exemption from liability in certain cases
86 Where injury or death is caused to a pupil enrolled in or attending a school
(a) during, or as a result of, a course of instruction carried on under the jurisdiction of the school board; or
(b) during, or as a result of, physical training, physical culture, gymnastic exercises or drill carried on in connection with the school activities; or
(c) before or after school hours or during recess on school premises, on field trips or excursions or on school buses;
no cause of action accrues to the pupil or to any other persons for loss or damage suffered by reason of the bodily injury or death, against the school division or school district or any servant, agent or trustee thereof unless it is shown that the injury or death was caused by the negligence of the school division or school district or negligence of any of its employees or agents or of any one or more of the trustees.
87 Where the bodily injury or death of a pupil referred to in section 86 is caused by defective or dangerous apparatus supplied by the school division or school district for the use of the pupil, the school division or school district and its employees and agents and the trustees shall be deemed to have been not guilty of negligence unless it is shown that one or more of the trustees of the school board or one or more of the employees or agents thereof had knowledge of the defect in or the dangerous nature of the apparatus and failed to remedy or replace the apparatus within a reasonable time after acquiring the knowledge.
Exemption from liability for accidents in work education programs
88 Any pupil attending any course in technical or vocational instruction as provided in clause 48(1)(k) or off the school premises programs as provided for in subsection 78(4) shall be deemed to have accepted the risks incidental to the business, trade or industry in which he is being instructed or trained and, if bodily injury or death is caused to any such pupil during or as a result of the course, no cause of action for loss or damage suffered by reason of the bodily injury or death accrues to the pupil or to any other person
(a) against the school board or any of the trustees, if it is shown that the school board believed, upon reasonable grounds, that the person with whom the pupil was placed was competent to give the instruction and that his plant and equipment were such as to provide reasonable safeguards against death or injury; or
(b) against the person giving the instruction or his servants or agents unless the bodily injury or death of the pupil resulted from the negligence of the person giving the instruction or his servants or agents.
No action lies arising out of school patrol
89 Where property damage, bodily injury or death is caused to any person instructed, directed or controlled by a school patrol in the course of acting as such no cause of action accrues by reason or in respect thereof against any school division or school district or any servant or agent thereof or any trustee or the school patrol or his parent or guardian.
Permitting participation in sports not of itself negligence
90 No school division or school district or any of its trustees, employees or agents is guilty of negligence solely by reason of the fact that a pupil who wears eye glasses is permitted to take part in physical training, physical culture, gymnastic exercises or drill or to participate in any play or game carried on in connection with school activities.
PART VII
TEACHERS
Certified teachers and principals
91(1) No person is legally qualified to teach or to be employed by a school board as a teacher or principal unless that person holds a valid and subsisting certificate issued by the minister under The Education Administration Act.
Pupils in care of teacher aides
91(2) Notwithstanding subsection (1) and subject to the regulations a school board may authorize the principal to leave pupils in the care and charge of school social workers, psychologists, teacher aides, student teachers and other designated responsible persons without having a certified teacher in attendance.
92(1) An agreement between a school board and a teacher must
(a) be in writing,and be in the form and contain the content prescribed by the minister; and
(b) be signed by the board and teacher, and sealed with the seal of the board.
92(1.1) The minister may make regulations prescribing the form and content of an agreement under subsection (1), and prescribing circumstances in which such an agreement must be used.
Agreements may have prescribed differences
92(1.2) A regulation under subsection (1.1) may be made applicable generally or may prescribe different agreements containing different terms and conditions for different circumstances.
Delivery of agreement to teacher
92(2) Every school board after agreeing to employ a teacher shall, within two weeks, deliver to the teacher a written agreement in triplicate, duly executed by the school board and thereafter the teacher shall immediately execute the agreement upon receipt thereof and shall return two copies thereof to the school board.
Hearing by school board before dismissal of a teacher
92(3) Where a complaint is made to a school board respecting the competency or character of a teacher, the school board shall not terminate its agreement with the teacher unless it has communicated the complaint to the teacher or his representative and given him an opportunity to appear personally or by representation before the school board to answer the complaint.
Action on termination of agreement
92(4) Where an agreement between a teacher and a school board is terminated by one of the parties thereto, the party receiving the notice of the termination may within seven days of the receipt thereof request the party terminating the agreement to give reasons for the termination, in which case the party terminating the agreement shall, within seven days from the date of receipt of the request, comply therewith and where the school board terminates the agreement of a teacher who has been employed by the school board under a prescribed agreement for more than one full school year, as defined by the minister by regulation, the following clauses apply:
(a) the teacher, by notice in writing served on the school board within seven days of the date the reason for terminating the agreement was given, may require that the matter of the termination of the agreement be submitted to an arbitration board composed of one representative appointed by the teacher and one representative appointed by the school board and a third person who shall be chairman of the board of arbitration, mutually acceptable to and chosen by the two persons so appointed, none of whom shall be a member or employee of the school board;
(b) each party to the agreement shall appoint its representative to the board of arbitration within 10 days of the serving of the notice by the teacher under clause (a);
(c) where the members of the arbitration board appointed by the parties cannot agree on a decision, the chairman shall make the decision and his decision shall be deemed to be a decision of the arbitration board;
(d) the issue before the arbitration board shall be whether or not the reason given by the school board for terminating the agreement constitutes cause for terminating the agreement;
(e) where, after the completion of hearings, the arbitration board finds that the reason given for terminating the agreement does not constitute cause for terminating the agreement it shall direct that the agreement be continued in force and effect and subject to appeal as provided in The Arbitration Act the decision and direction of the arbitration board is binding upon the parties;
(f) the arbitration board shall, within 30 days after its appointment make its decision and shall immediately forward a copy thereof to each of the parties and to the minister;
(g) where a board of arbitration is appointed under this Part the remuneration to be paid to and the expenses incurred by the members of the board in carrying out their duties shall be borne equally by the parties to the dispute.
92(5) Where a teacher enters into an agreement with a school board and has previously been employed as a teacher by that or one other school board in the province for more than one full school year within three years prior thereto, that prior period of employment shall, for the purposes of subsection (4), be deemed to be time during which the teacher was employed under the new agreement.
Right of teacher to recover salary
92(6) A teacher is entitled to recover from the school board any salary or other remuneration due to him because of the unlawful or improper termination of his agreement by the school board.
Penalties for breach of agreements
92(7) A teacher who enters into an agreement with a school division or school district and wilfully neglects or refuses to comply with the terms of the agreement is liable on the complaint of the school board to have his certificate of qualification suspended by a field representative and a school board that enters into an agreement with a teacher and wilfully neglects or refuses to comply with the terms of the agreement is liable to pay to the teacher one month's salary at the rate stipulated in the agreement in addition to the salary to which he is entitled under the agreement.
S.M. 1989-90, c. 49, s. 14 and 15; S.M. 2004, c. 15, s. 16; S.M. 2005, c. 42, s. 32.
92.1 A school board or a person acting on behalf of a school board shall
(a) provide a teacher with access to the teacher's personnel record upon request; and
(b) upon request by a teacher, attach to the personnel record the teacher's written objection to, or explanation or interpretation of, any matter contained in the personnel record.
93(1) Each teacher who is continuously employed by a school board shall accumulate entitlement for sick leave at the rate of one day of sick leave with pay for every nine days of actual teaching service, or fraction thereof, unless a collective agreement governing the working conditions of the teacher provides for another manner of accumulating sick leave.
Maximum sick leave in any year
93(2) No teacher shall accumulate more than 20 days sick leave with pay under subsection (1) in any year unless a collective agreement governing the working conditions of the teacher provides otherwise.
93(3) No teacher shall accumulate more than 75 days sick leave with pay under subsections (1) and (2) unless a collective agreement governing the working conditions of the teacher provides otherwise.
Effective sick leave on service
93(4) For the purposes of determining sick leave under this section and for the purposes of determining sick leave under a collective agreement, unless the collective agreement provides otherwise,
(a) any day during which a teacher is absent from school because of sickness does not constitute part of actual teaching service; and
(b) the number of days a teacher is on sick leave with pay shall be deducted from his accumulated sick leave with pay entitlement when he returns to work.
93(5) Where a teacher whose sick leave is governed by subsections (1), (2) and (3) is sick, he is entitled to be paid his salary during his sick leave up to the maximum entitlement as determined in accordance with this section.
Payment for sick leave under collective agreement
93(6) Where a teacher whose sick leave is governed by the provisions of a collective agreement, whether entered before or after the coming into force of this section, is sick, he is entitled to be paid during his sick leave whatever is provided in the collective agreement.
Continuance of prior entitlement
93(7) Any sick leave accumulated by a teacher under any previous Act of the Legislature respecting public schools or under any collective agreement governing the working conditions of the teacher, whether entered into before or after the coming into force of this Act, is not cancelled by the enactment of this section or this Act but continues to be usable by the teacher as accumulated sick leave subject to the maximum of sick leave for the teacher as provided under this section or, where the collective agreement provides otherwise, subject to the maximum sick leave as provided in the collective agreement.
94 Subject to any collective agreement governing the working conditions of the teacher, where a teacher is absent from school because of sickness, the school board may require the teacher to submit to the school board a medical certificate from a duly qualified medical practitioner certifying that the teacher was sick during the period of absence.
Power of trustees to extend sick leave
95(1) Notwithstanding section 93, a school board may in any school year grant to a teacher sick leave with or without pay for a period longer than that authorized under section 93.
95(2) Notwithstanding any other provision of this Act, a school board may negotiate, and shall be deemed always to have had authority and capacity to negotiate with a local society representing teachers employed by it, as part of a collective agreement, the right and entitlement of teachers to sick leave and to accumulate sick leave and all matters relating to the manner of accumulating and limiting the accumulation of sick leave as part of the working conditions of the teachers and, where the school board and the local society cannot agree on those matters, the matter may be referred for arbitration under Part VIII in the same way as any other dispute arising out of negotiations for a collective agreement.
95(3) Section 78 of The Labour Relations Act applies to any dispute as to the meaning, application or alleged violation of a provision of a collective agreement relating to sick leave of teachers.
Validation of old provisions re sick leave
95(4) Where a collective agreement governing the working conditions of teachers entered into before the coming into force of this Act contained a provision relating to sick leave, the provision is valid and enforceable as though section 93 and subsections (2) and (3) had been in force at the time the collective agreement was negotiated and entered into.
Continuance of sick leave provisions in collective agreements
95(5) Notwithstanding any other provision of this Act or The Education Administration Act or the regulations under either Act, all provisions relating to sick leave for teachers in any collective agreement governing the working conditions of teachers which is in effect on the coming into force of this section continue in force and effect on, from and after the coming into force of this section in accordance with the terms of that collective agreement.
96 Every teacher shall
(a) teach diligently and faithfully according to the terms of his agreement with the school board and according to this Act and the regulations;
(b) keep a record of attendance in the manner and in such form as required by the school board;
(c) maintain order and discipline in the school;
(d) furnish to the minister, or to a field representative, any information that it may be in his power to give respecting anything connected with the operations of the school or in any way affecting its interests;
(e) notify the principal who shall notify the appropriate local health authority of the area in which the school is situated or where there is no local health authority the school board that he has reason to believe that a pupil attending the school has been exposed to or is suffering from a communicable disease as defined in The Public Health Act and regulations made thereunder;
(f) seize or cause to be seized and take possession of any offensive or dangerous weapon that is brought to school by a pupil and hand over any such weapon to the principal who shall notify the parent or guardian warning him that the pupil may be suspended or expelled from the school;
(g) deliver or cause to be delivered or provide the parent or guardian of each pupil taught by him reports of the pupil at the times and in the manner determined by the school board;
(h) admit to his classroom student teachers enrolled in a teacher education institution approved by the minister, for the purpose of practice teaching and of observing instruction.
PART VIII
ARBITRATION OF COLLECTIVE BARGAINING DISPUTES
INTRODUCTORY PROVISIONS
97(1) The definitions in this subsection apply in this Part.
"dispute" means any dispute or difference, or apprehended dispute or difference, between a school board and one or more of the teachers it employs or a bargaining agent acting on behalf of those teachers as to
(a) matters or things affecting or relating to terms or conditions of employment or work done or to be done by the employer or by the teacher or teachers, or
(b) privileges, rights and duties of the school board or the teacher or teachers that are not specifically set out in this Act or The Education Administration Act or in the regulations made under either of those Acts.
However, it does not include a controversy or difference arising out of the termination or threatened termination of a teacher's contract. (« différend »)
"party" means the bargaining agent for a unit of teachers on the one hand, or the school board that employs those teachers on the other hand, and "parties" means the two of them. (« partie »)
"teacher" means a person employed by a school board under a written contract prescribed under section 92 and who holds a valid and subsisting teacher's certificate or limited teaching permit issued under The Education Administration Act. It includes a principal, a vice-principal and a person certified as a clinician. It does not include a superintendent, assistant superintendent or deputy superintendent. (« enseignant »)
"unit" has the same meaning as in The Labour Relations Act, and includes a group of teachers. When the expression "appropriate for collective bargaining" is used with reference to a unit, it means a unit that is appropriate for collective bargaining, whether it is a group of teachers employed by a single school board or by two or more school boards. (« unité »)
Words and expressions in Labour Relations Act
97(2) Words and expressions used in this Part and not defined in subsection (1) have the same meaning as in The Labour Relations Act, except when the context of this Part requires otherwise.
S.M. 2000, c. 43, s. 4; S.M. 2005, c. 42, s. 32.
98(1) The Labour Relations Act applies to teachers, bargaining agents for units of teachers, and school boards, but if a provision of this Act conflicts or is inconsistent with The Labour Relations Act, the provision of this Act prevails.
School principals are employees under Labour Relations Act
98(2) A principal or vice-principal employed by a school board is deemed to be an employee under The Labour Relations Act, and a unit that includes a principal or vice-principal with other teachers is deemed to be a unit appropriate for collective bargaining.
Part does not apply to the Crown
99 This Part does not apply to the Crown in right of Manitoba or to teachers employed by the Crown.
ARBITRATION PROCEEDINGS
When arbitration may be initiated
100 If the parties have been unable to conclude a collective agreement and a period of at least 90 days has elapsed since notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act, either party may initiate arbitration proceedings in accordance with this Part to decide the collective bargaining matters in dispute between them.
Terms and conditions of agreement continue in effect
101 Unless the parties agree otherwise, if notice has been given to commence collective bargaining under section 60 or 61 of The Labour Relations Act, the terms and conditions of the collective agreement then in operation continue in effect until the parties conclude a collective agreement or until an arbitration award is made under this Part.
S.M. 1996, c. 51, s. 14; S.M. 1998, c. 35, s. 7; S.M. 2000, c. 43, s. 4 and 5.
Provision for final settlement of disputes in bargaining
102(1) Every collective agreement between the parties must contain a provision for the final settlement by arbitration, without stoppage of work, of all disputes arising in collective bargaining between them.
When Labour Relations Act applies
102(2) Part VII of The Labour Relations Act applies, with necessary changes, to an arbitration carried out under a final settlement provision referred to in subsection (1), except to the extent of any inconsistency with the final settlement provision.
Deemed final settlement provision
103 If a collective agreement between the parties does not contain an arbitration provision for the final settlement of collective bargaining disputes as required by section 102, it shall be deemed to contain the following provisions:
1.
If the parties are unable to agree on the terms of a renewed or revised collective agreement or a new collective agreement, either party may — after a period of at least 90 days has elapsed since notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act — notify the other in writing of its desire to submit the matters remaining in dispute to arbitration. The matters in dispute must then be submitted to arbitration in accordance with this section.
2.
If the parties agree to refer the matters to a single arbitrator, they shall appoint an arbitrator to hear and determine the matters and make an award.
3.
If the parties cannot agree to appoint a single arbitrator, they shall take steps to establish an arbitration board to hear and determine the matters and issue an award.
4.
The party that gives the notice under item 1 shall include in the notice a statement of the matters in dispute being referred to arbitration. The other party may also provide the initiating party with a statement in writing of the matters it considers to be in dispute.
5.
A statement referred to in item 4 may be amended at any time before the arbitrator or arbitration board begins hearings, but new items may not be added unless bargaining has taken place respecting them.
6.
After hearings begin, neither of the parties may add further items to the statement of matters in dispute, but a party may modify or withdraw any items during the course of the hearing.
7.
Part VII of The Labour Relations Act applies, with necessary changes, to the arbitration of collective bargaining disputes between the parties.
104 Repealed.
S.M. 2000, c. 43, s. 4; S.M. 2000, c. 43, s. 7.
ARBITRATION AWARD
Time limit for award — single arbitrator
105(1) An arbitrator shall make an award within 30 days after concluding the proceedings, or within any longer period that the parties agree to.
Time limit for award — arbitration board
105(2) An arbitration board shall make an award within 60 days after concluding the proceedings, or within any longer period that the parties agree to.
105(3) The award shall set out the decision of the arbitrator or arbitration board as to how the matters in dispute between the parties are to be settled.
105(4) The award shall state the reasons on which it is based.
Decision given to the Labour Board and the minister
105(5) When the award is given to the parties, the arbitrator or arbitration board shall also give a copy to The Manitoba Labour Board and to the minister.
106 An award of an arbitrator or arbitration board is binding on the bargaining agent, the teachers in the unit involved in the dispute and the school board.
S.M. 1996, c. 71, s. 2; S.M. 2000, c. 43, s. 4.
107 Within 30 days after an award is made, either party may request the arbitrator or arbitration board to clarify the award or a part of it. The award shall not be considered to be made until the clarification is provided.
Collective agreement following award
108 Within 30 days after an award is made, the parties to the arbitration shall prepare and sign a collective agreement embodying all matters settled in the award.
109 A collective agreement entered into by a bargaining agent for a unit of teachers and a school board is binding on
(a) the bargaining agent and every teacher in the unit to which the collective agreement applies; and
(b) the school board.
STRIKES AND LOCKOUTS PROHIBITED
110(1) No teacher shall strike.
Strike authorization by bargaining agent prohibited
110(2) No bargaining agent for a unit of teachers shall declare or authorize a strike.
S.M. 1996, c. 71, s. 4; S.M. 2000, c. 43, s. 4.
110.1 and 110.2 Repealed.
S.M. 1996, c. 71, s. 5; S.M. 2000, c. 43, s. 4.
Lockout by school board prohibited
111 No school board shall declare or cause a lockout of teachers.
S.M. 1996, c. 71, s. 6; S.M. 2000, c. 43, s. 4.
Penalty for illegal lockout — school board
112(1) Every school board that declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000.
Penalty for illegal lockout — person
112(2) Every person who, acting on behalf of a school board, declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.
Penalty for illegal strike — bargaining agent
112(3) Every bargaining agent that declares or authorizes a strike of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000.
Penalty for illegal strike — officers
112(4) Every officer or representative of a bargaining agent who authorizes or participates in a strike vote of teachers, or declares or authorizes a strike of teachers, is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.
112(5) Each day that a school board, person acting on behalf of a school board, bargaining agent, or officer or representative of a bargaining agent contravenes a provision of this Act constitutes a separate offence.
S.M. 1996, c. 71, s. 7; S.M. 2000, c. 43, s. 4.
113 to 170 Repealed.
S.M. 1993, c. 48, s. 91; S.M. 1996, c. 71, s. 8 to 30; S.M. 1998, c. 35, s. 8; S.M. 2000, c. 43, s. 4.
| Sections: 1 - 41(5) | 41(6) - 170 | 171 - 270 | |
